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BANK OF N.Y. v. DIEUDONNE

2017-08956, Index No. 518577/16.

171 A.D.3d 34 (2019)

96 N.Y.S.3d 354

2019 NY Slip Op 01732

BANK OF NEW YORK MELLON, Formerly Known as THE BANK OF NEW YORK, as Trustee (CWALT 2004-24CB), Appellant, v. ALICE J. DIEUDONNE, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 13, 2019.

Attorney(s) appearing for the Case

Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, Bayshore ( Keith L. Abramson of counsel), for appellant.

Andrea S. Gross (Cardenas Islam & Associates, PLLC, Jamaica [ Barak P. Cardenas of counsel]), for respondent.

DILLON, J.P., AUSTIN and DUFFY, JJ., concur.

OPINION OF THE COURT

This appeal presents an issue of first impression for this Court. The plaintiff in this mortgage foreclosure action contends that it lacked the authority to exercise its contractual option to accelerate the maturity of the entire balance of the loan it seeks to recover. The plaintiff argues that it was prevented...

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